Can capital gains be gifted?
Andrew Mclaughlin
Published Feb 23, 2026
1) Invest the capital gains in Capital Gains Bonds upto a sum of Rs. 50 Lakhs u/s 54EC of the Income Tax Act and after the lock in period of 3 years, the money is free to use for any purpose. He can however gift the balance sale proceeds to you without attracting any tax.
Do you pay capital gains tax on gifted shares?
The good news is that there is no Capital Gains Tax on gifts of assets (including shares) you give to your spouse or civil partner. However, in the case of a gift of shares, the market value of the shares at the time of disposal is taken into account for capital gains tax and inheritance tax purposes.
Is capital gains tax allowance in addition to personal allowance?
CGT is charged on any profits (the ‘gains’) you make when you sell (or transfer) shares and unit trusts or other assets such as a second home. Capital gains are taxed differently from income, and you have a separate personal allowance for capital gains (in addition to your personal allowance for income).
How is primary residence excluded from capital gain on assessment?
SARS will then apply the R 2 million primary residence exclusion to the capital gain on assessment. If the property sold was not your primary residence (example 2), tick the No block in the section which asks this question. The primary residence exclusion will not be applied to this transaction when you’re assessed.
When did capital gains tax come into effect?
Capital Gains Tax was introduced on 1 October 2001. It forms part of normal income tax and is based on the sliding tax tables for individuals. It comes about most often for taxpayers when their home or investment property is sold for a profit (gain) i.e. the proceeds /selling price is more than the “ base cost ”.
When did Mr X Claim Long Term Capital Gain?
The assessee claimed the capital gain as long-term capital gain. The Assessing Officer contended the same as short-term as the property was acquired by converting the leasehold right into freehold right only on 20 May, 2014. Is Mr. X justified in his claim?
How are capital gains taxed when you sell a property?
The sale of shares or investments attract Capital Gains Tax in the same way as the sale of a property. You would add up the amount received for the shares sold (Proceeds) and take off the amount paid for the shares when you bought them (Base Cost).